Getting a divorce without the assistance of an attorney is nothing extraordinary in Montana. All states offer a DIY option for divorcing couples who meet the basic requirements. At the very least, the spouses should be on the same page about splitting their parental responsibilities and personal belongings. To help, we mapped out the key points of preparing and filing divorce papers without legal representation.
Do-It-Yourself Divorce in Montana
In its essence, a divorce is a legal procedure that symbolizes the end of a couple’s relationship that consists of several areas: children, property, and maintenance. Thus, the court grants a divorce only when there is evidence that a couple has ironed out their differences, which is memorialized in a written document called a settlement agreement.
Why do people hire legal counsel to settle the matters for them? Because they are too bitter and hurt to deal with their spouses and maintain civil conversations. That bitterness and pain could cost them hundreds and thousands in legal fees. However, a couple’s ability to avoid the blame game could keep their legal costs down and open up other, more affordable opportunities. Like, for example, self-representation in divorce cases without an attorney.
Representing yourself in court may seem scary. But it is not, especially in an uncontested divorce in Montana. In practice, self-representation, also known as pro se or a DIY divorce, means that spouses prepare and take the documents to the court for filing on their own. If everything is in order, the spouses don’t even need to attend hearings. A judge signs the divorce order, and the case is closed. However, petitioners can get help from online divorce companies in completing court forms.
Uncontested Divorce in Montana
If spouses are eligible for an uncontested divorce, they can consider representing themselves in court. Here are the requirements for an uncontested divorce in Montana.
A couple should meet Montana’s 90-day residency requirements. At least one spouse must have lived in the state for at least 90 days before starting the divorce process.
A couple should have separated for at least 180 days before filing the paperwork with the court.
A couple should agree to have a no-fault divorce where neither spouse blames the other for the breakdown of their marriage, and they cite “irreconcilable differences” as grounds for divorce.
A couple should have a signed settlement agreement with clauses on child custody, child support, and property division.
Montana further simplifies a procedure for an uncontested divorce in a summary dissolution (also known as a “joint dissolution”). Spouses can have a quicker and simpler divorce if:
- Spouses have no children together, OR they have agreed on parenting responsibilities, visiting schedules, child support payments, and other aspects of custody;
- Spouses have no real estate and other marital assets valued over $50K;
- Spouses have less than $20K in debts;
- Spouses waive their right to alimony; and
- Spouses waive their right to appeal the divorce order.
Steps for Filing and Proceeding with DIY Divorce in Montana
The main difference between a traditional filing procedure and a summary dissolution is a more streamlined process in the latter case. Because both spouses prepare and file a joint petition to get a summary dissolution, they skip the process service step. In contrast, the petitioner who files for a traditional divorce has to deliver the divorce paper to the respondent. Here are the steps in a DIY divorce in Montana:
Step 1. The petitioner completes the court forms. Which forms will depend on the type of divorce and the circumstances of the case. The forms can be obtained at the Montana Judicial Branch website, at a local courthouse, or through an Internet divorce service. The forms are to be notarized and made two copies of.
Step 2. The petitioner files the notarized forms with the court’s clerk and pays filing fees. In Montana, filing for divorce costs $200 plus a $45 prepay for the court judgment. Low-income families can file a fee waiver, indicating their household income. If they qualify, the judge will waive court fees altogether.
Step 3. Spouses who submit a joint petition skip this step. The petitioner is mandated to serve the respondent with a copy of the divorce petition and provide proof of service with the court.
Step 4. The respondent has 20 days to file an answer. But even in the case of a joint petition, there is a mandatory 20-day waiting period before a court hearing can be scheduled. The petitioner must attend a hearing. The respondent’s attendance is optional and can be waived. The judge will issue a Final Decree of Dissolution if the paperwork is done correctly and the settlement is fair and just. The court keeps the original Decree while each divorced spouse gets a conformed copy.
How Does Online Divorce Work in Montana?
Choose a web divorce service provider and complete an application for divorce online. The system will ask for your divorce details through a questionnaire and, based on your responses, will generate state-specific forms. You will obtain your completed divorce forms by mail or email. After you and your spouse sign and notarize the forms, they are ready to be filed at the court. Preparing the documents for divorce over the Internet is an inexpensive and fast option.
Can you Apply for Divorce without a Lawyer?
Opting for a DIY divorce doesn’t exclude legal assistance. Spouses can arrange for legal counsel to clarify some issues or get help with drafting a settlement agreement. Usually, it costs a fraction of the price lawyers charge for an uncontested divorce. If spouses struggle to agree on custody or a family home split, they can use mediation service. Online divorce documents preparation services are a great option to significantly drive the cost of a divorce down and help couples end their marriage peacefully and efficiently.
